Recognition of same-sex unions in Illinois

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Legal recognition of
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Legal recognition of
same-sex relationships
Marriage

Argentina
Belgium
Canada
Denmark
Iceland
Netherlands

Norway
Portugal
South Africa
Spain
Sweden

Performed in some jurisdictions

Mexico: Mexico City, ROO
United States: CT, DC, IA, MA, NH, NY, VT, Coquille, Suquamish

Recognized, not performed

Aruba, Curaçao and Sint Maarten (Netherlands only)
Israel
Mexico: all states (Mexico only)
United States: CA (conditional), MD, RI

LGBT portal

Illinois recognizes same-sex unions in the form of civil unions that provide same-sex couples the rights of marriage under state law. Civil unions were legalized in Illinois on January 31, 2011, after Governor Pat Quinn signed legislation, and the law went into effect on June 1, 2011.[1] The same law also allows opposite-sex civil unions as well as recognition of substantially similar legal relationships, including same-sex marriages and civil unions, entered into in other jurisdictions. Same-sex marriages cannot be legally entered into in Illinois.

The 2005 Illinois Policy Survey found that 31 percent of residents supported the legal right to marry someone of the same sex, and an additional 34 percent of residents supported civil unions.[2]

Contents

Marriage

In 1996, because Hawaii seemed poised to legalize same-sex marriage,[3] the Illinois Marriage and Dissolution of Marriage Act was amended to state that "A marriage between 2 individuals of the same sex is contrary to the public policy of this state." The state does not recognize marriages entered into in other jurisdictions if the marriage would have been prohibited in Illinois.[4][5]

Attempts to add language banning same-sex marriage to the state constitution have not been successful.[6][7][8]

Related issues

The state permits adoption by gay individuals or partners, including second-parent adoptions.[9] The Illinois Domestic Violence Act, which protects people who share or used to share a dwelling or a "dating relationship" with their abusers, is written in gender-neutral language and is applicable to same-sex partners.[10]

Civil unions

Representative Greg Harris introduced legislation called the Illinois Religious Freedom Protection and Civil Unions Act on February 23, 2007.[11] It aimed to make the creation, benefits, and dissolution of civil unions essentially identical to marriage. The bill was not brought to a vote before the full House.[12]

On February 18, 2009, Harris re-introduced the civil union bill,[13] which was reported out of committee following a 4–3 along party lines, with Democrats in support and Republicans opposed, but died on the floor.[13] Through a parliamentary procedure,[14] the full text of the civil union bill was substitued for that of a different piece of legislation.[15]

On November 30, 2010, the House passed the bill by a vote of 61–52. The Senate approved the bill on December 1 by a vote of 32–24 margin.[16] Governor Pat Quinn signed the legislation on January 12, 2011,[16] and it went into effect on June 1, 2011.

Same-sex marriage legislation

On February 22, 2007, Representative Greg Harris introduced the Religious Freedom and Marriage Fairness Act in the Illinois House of Representatives, which would have provided for same-sex marriage in the state.[17] The bill died in committee.[18]

On January 14, 2009, Harris reintroduced the bill in the Illinois House of Representatives, but it died in committee.[19] In October that year, Senator Heather Steans introduced the Equal Marriage Act, the first same-sex marriage bill filed in the Senate, but it too died in committee.[20]

In February 2012, Harris once again introduced his bill.[21] Governor Pat Quinn said in an interview that he was looking forward to building a majority for the bill.[22][23] On May 11, 2012, Quinn confirmed his support for same-sex marriage.[24] Chicago Mayor Rahm Emanuel has also announced that he will push for the bill.[25]

Lawsuits

On May 30, 2012, both Lambda Legal and the American Civil Liberties Union announced lawsuits in state court, Darby v. Orr and Lazaro v. Orr, challenging the refusal of the Cook County Clerk's office headed by David Orr to issue marriage licenses to same-sex couples. Both contend that the Illinois Marriage and Dissolution of Marriage Act violates the Illinois Constitution's guarantees of equal protection and due process.[26] Illinois Attorney General Lisa Madigan announced the next day that her office will support those lawsuits and Orr favors same-sex marriage.[27][28] The Cook County State's Attorney Anita Alvarez has also conceded that the state’s ban on same-sex marriages is unconstitutional.[29] On July 3, the court approved the request of two County Clerks from other parts of the state, represented by the Thomas More Society, a conservative legal group, to intervene to defend the Act.[30]

Public Opinion

A September 2012 statewide poll by Southern Illinois University's Paul Simon Public Policy Institute found 44% of registered voters supported same-sex marriage, another 32% supported civil unions for same-sex couples, and 20% opposed any form of legal recognition of same-sex relationships, while 4% remain undecided. The percentage of those polled supporting the legalization of same-sex marriage increased 10% since a poll two years earlier.[31]

See also

References

  1. ^ "Illinois gov signs historic civil unions legislation". Boston Herald. Associated Press. January 31, 2011. http://www.bostonherald.com/news/national/midwest/view/20110131illinois_gov_signs_historic_civil_unions_legislation/. Retrieved January 31, 2011. 
  2. ^ "Illinois Policy Service 2005". February 17, 2005. http://www.niu.edu/PubAffairs/presskits/ips2005/marriagerights.html. Retrieved December 26, 2007. 
  3. ^ New York Times: David W. Dunlap, "Fearing a Toehold for Gay Marriages, Conservatives Rush to Bar the Door," March 6, 1996, accessd June 3, 2012
  4. ^ Illinois Marriage and Dissolution of Marriage Act (IMDMA): Prohibited marriages. 750 ILCS 5/212.
  5. ^ Sandra Kopels, "Wedded to the Status Quo: Same-Sex Marriage after Baehr v. Lewin," in Lacey M. Sloan and Nora S. Gustavsson, eds., Violence and Social Injustice Against Lesbian, Gay and Bisexual People (Haworth Press, 1998), 78, available online, accessed June 3, 2012
  6. ^ The Advocate: "Ill. Marriage Amendment Declared Dead," March 30, 2011, accessed June 3, 2012
  7. ^ Windy City Times: Amy Wooten, "Project Marriage Illinois on Hold," March 14, 2007, accessed June 3, 2012
  8. ^ Huffington Post: "Bill Brady Wants To Change Illinois Constitution To Ban Gay Marriage," March 13, 2010, accessed June 3, 2010
  9. ^ Recent vote puts spotlight on gay adoption", Medill School of Journalism.
  10. ^ Illinois Domestic Violence Act of 1986. 750 ILCS 60/103(6).
  11. ^ "House Bill 1826". http://www.ilga.gov/legislation/fulltext.asp?DocName=09500HB1826ham001&GA=95&SessionId=51&DocTypeId=HB&DocNum=1826&GAID=9. Retrieved February 16, 2008. 
  12. ^ "House Bill 1826 - Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1826&GAID=9&DocTypeID=HB&LegID=&SessionID=51&SpecSess=&Session=&GA=95. Retrieved May 24, 2008. 
  13. ^ a b "House Bill 2234 – Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=2234&GAID=10&SessionID=76&LegID=44055. 
  14. ^ "The Latest (Washington Blade Blog)". http://www.washblade.com/thelatest/thelatest.cfm?blog_id=25479. 
  15. ^ Bill text (House Amendment 1 to Senate Bill 1716)
  16. ^ a b Senate Bill 1716 - Bill Status
  17. ^ "Gay marriage bill in state legislature". Chicago Tribune. February 23, 2007. http://archives.chicagotribune.com/2007/feb/23/news/chi-0702230111feb23. Retrieved June 4, 2009. 
  18. ^ "House Bill 1615 - Bill Status". http://www.ilga.gov/legislation/BillStatus.asp?DocNum=1615&GAID=9&DocTypeID=HB&LegID=30427&SessionID=51&GA=95&SpecSess=0. Retrieved February 16, 2008. 
  19. ^ "House Bill 0178 - Bill Status". http://www.ilga.gov/legislation/billstatus.asp?DocNum=178&GAID=10&GA=96&DocTypeID=HB&LegID=40195&SessionID=76#actions. 
  20. ^ Senate Bill 2468 – Bill Status.
  21. ^ House Bill 5170 – Bill Status.
  22. ^ "Illinois Gov. Pat Quinn To Help 'Build A Majority' For Gay Marriage". On Top Magazine. Feb 17, 2012. http://www.ontopmag.com/article.aspx?id=10982&MediaType=1&Category=26. Retrieved February 17, 2012. 
  23. ^ "Governor Quinn comes to WBEZ (audio)". WBEZ. http://www.wbez.org/blog/bez/2012-02-15/governor-quinn-comes-wbez-96441. Retrieved February 17, 2012. 
  24. ^ Kate Sosin (May 11, 2012). "Quinn comes out for marriage equality". Windy City Times. http://www.windycitymediagroup.com/lgbt/Quinn-comes-out-for-marriage-equality/37672.html. Retrieved June 8, 2012. 
  25. ^ Dardick, Hal (February 15, 2012). "Emanuel backs Illinois gay marriage measure". Chicago Tribune. http://articles.chicagotribune.com/2012-02-15/news/chi-emanuel-backs-illinois-gay-marriage-measure-20120215_1_gay-marriage-civil-unions-mayor-rahm-emanuel-today. Retrieved February 17, 2012. 
  26. ^ Sophia Tareen (May 30, 2012). "ACLU challenges Ill. marriage law". Minnesota Public Radio. http://minnesota.publicradio.org/display/web/2012/05/30/aclu-illinois-same-sex-marriage-ban/. 
  27. ^ Rex W. Huppke (June 1, 2012). "Attorney general backs challenges to gay marriage ban". Chicago Tribune. http://www.chicagotribune.com/news/local/breaking/chi-attorney-general-backs-challenges-to-gay-marriage-ban-20120601,0,3481460.story. 
  28. ^ Chris Geidner (June 2, 2012). "Illinois AG Supports Marriage Equality Lawsuits, Raising Question of Who Will Defend Civil Unions". MetroWeekly. http://www.metroweekly.com/poliglot/2012/06/illinois-attorney-general-to-support-lawsuits-seek.html. 
  29. ^ Rex W. Huppke; Stacy St. Clair (June 15, 2012). "State's gay marriage ban unlawful, Alvarez says". Chicago Tribune. http://www.chicagotribune.com/news/ct-met-gay-marriage-lawsuit-20120615a,0,4877383.story. Retrieved June 15, 2012. 
  30. ^ Chicago Tribune: Rex W. Huppke, "Illinois clerks get OK to defend gay marriage ban," July 3, 2012, accessed July 3, 2012
  31. ^ "Poll: Sharp jump in support for gay marriage in Illinois". State Journal-Register. 26 September 2012. http://www.sj-r.com/breaking/x1784771742/Poll-Sharp-jump-in-support-for-gay-marriage-in-Illinois. Retrieved 26 September 2012. 

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